Title
ORDINANCE NO. 3258 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 6.24.040 (BARKING DOGS) TO BETTER ADDRESS AND MORE EFFICIENTLY RESOLVE THE BARKING DOG COMPLAINT AND ENFORCEMENT PROCESS, REMOVING SECTION 6.24.050, DISTURBING THE PEACE PROHIBITED, AND REMOVING SECTION 6.24.060, NUISANCE (REVISED SECOND READING AND ADOPTION)
The first reading of this ordinance was unanimously passed by the City Council on March 5, 2013, which included amending one section of the Chula Vista Municipal Code and removing sections 6.24.050 and 6.24.060. At the second reading and adoption on March 19, 2013, only the amended section was presented and the removal of sections 6.24.050 and 6.24.060 was inadvertently omitted. This revised second reading intends to correct the error. The title of the ordinance has been changed to reflect the amendment and the deletions.
Body
RECOMMENDED ACTION
Recommended Action
Council adopt the ordinance.
Body
SUMMARY
Following a staff presentation on March 5, 2013, the City Council unanimously approved the first reading of an ordinance streamlining the City's barking dog complaint and enforcement procedures. The update included revising one Municipal Code section and removing two others, no longer needed because of the revision.
At the second reading and adoption on March 19, 2013, only the revised Municipal Code section was included in the agenda packet. The two code sections that were to be deleted were not included. As a result of this paperwork error, the revised section was added to the Municipal Code, but the two sections slated for deletion remain in the Code.
In the interest of clarity and transparency, the complete original ordinance the Council approved on March 5, 2013 -- revising one section and removing two others - is back before the Council for second reading and adoption. The title of the ordinance has been changed to reflect the amendment and the deletions.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA). It has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines, the activity is not subject to the CEQA and no environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Please see the attached March 5, 2013 agenda statement.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The revised process provides different options to a complaining party that may better aid in resolving a barking dog issue.
CURRENT YEAR FISCAL IMPACT
None.
ONGOING FISCAL IMPACT
None.
ATTACHMENTS
1. March 5, 2013 agenda statement
2. Ordinance - redline, strikeout
3. Ordinance
Staff Contact: Mariya Anton, Animal Care Facility Administrator, (619) 691-5123; Carol Trujillo Deputy City Attorney, (619)691-5037.